Query: How to file a harassment case related to aggressive debt collection in the Philippines?

In the Philippines, debt collection practices are governed by various laws and regulations to protect individuals from harassment and unfair treatment. When a debtor faces threats or harassment from creditors or collection agencies, such as threats to post personal information on social media or other aggressive tactics, they can seek legal recourse.

Legal Framework Against Harassment in Debt Collection:

Republic Act No. 10175 (Cybercrime Prevention Act of 2012): This act provides protection against online harassment, including threats made through digital platforms. Posting someone’s personal information online without consent and with malicious intent can be considered libel or online harassment.
Data Privacy Act of 2012 (Republic Act No. 10173): This act protects personal data, including financial information. It prohibits unauthorized use of personal data for harm, such as threatening to disclose someone’s debt status publicly.
Financial Consumer Protection Framework by the Bangko Sentral ng Pilipinas (BSP): BSP Circular No. 454 mandates that financial institutions follow fair and reasonable debt collection practices. It explicitly prohibits the use of obscene or threatening language and disclosure of debt information to unauthorized third parties.

Steps to File a Harassment Case:

Documentation: Keep all communications from the debt collector, including texts, emails, or letters, as these will serve as evidence of the harassment.
Formal Complaint: File a formal complaint with the Financial Consumer Protection Department of the Bangko Sentral ng Pilipinas if the creditor is a financial institution. This can also be escalated to the National Privacy Commission if there’s a breach of personal data.
Legal Action: Consult a lawyer to discuss filing a civil or criminal case against the debt collector for harassment or cyberbullying under relevant laws.
Barangay Level: For immediate disputes resolution, one may also bring the matter to the local barangay for mediation, especially if the creditor or collection agency operates within the same community.

Conclusion:

Harassment in debt collection is not only unethical but also illegal. Debtors have rights that protect them from abusive practices. It is important to know these rights and take action when they are violated to ensure that collections are conducted in a fair and dignified manner. Taking these steps can help maintain personal dignity and legal rights while also holding creditors and collectors accountable to lawful standards of behavior.